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citizen has had independent legal advice or has
been advised to obtain such advice and has
refused to do so.
3. The amount specified in any power of attorney
to cover the costs or commission of the foreign
agent and the Irish solicitor should be reason
able having regard to the responsibility and
•work undertaken, the amount of the property
concerned and other circumstances.
Sharing of commission,
with
foreign lawyer
A committee reported on a query received from
a member on the practice of American attorneys of
charging a percentage fee on the value of an estate
and allowing the Irish solicitor one third of the
commission on an agency basis. He asks (i) whether
the Irish solicitor should disclose to his own client
the ratio in which the percentage charged for work
done in America is divided between the American
attorney and the Irish solicitor. (2) Whether having
received from the American attorney part of the
fees for work done in America the Irish solicitor is
entitled to charge him in addition ordinary fees for
work done by him in Ireland. He pointed out that
the fees received by an Irish solicitor from the
American agent might in some cases exceed the
taxed costs for the work done in Ireland.
In their
report which was approved by the Council the
committee stated that provided that principles laid
down above in regard to the execution of powers of
attorney and independent advice have been observed
the Council are of the opinion that (i) the Irish
solicitor need not disclose to his own client the
ratio in which the percentage charge for work done
in America is divided between the American attorney
and the Irish solicitor but the client is entitled to
know the actual costs deducted by the American
attorney.
(2) In American cases the commission
received usually covers all the work done in Ireland
and if additional charges are made against the client
the amount received from the U.S. attorney should
be disclosed.
Counsel's receipted backsheets
The Council approved a report from a committee
stating that on the termination of a solicitor's
retainer a client is entitled to receive from the
solicitor counsel's receipted backsheets for fees
paid.
Gaming and Lotteries Act, 1956
In the Society's GAZETTE of February, 1958, the
Council adopted a ruling of the Bar Council that it
is improper to settle or institute proceedings for a
gaming debt having regard to section 36 of the
Gaming and Lotteries Act, 1956, whereby every
contract by way of gaming or wagering is void.
An enquiry was received from a member as to
whether he is precluded by this ruling from in
stituting proceedings
for a client against
the
promoters of a pool run for charity. The circum
stances were that two tickets had been printed with
the same number, which was drawn, and
the
promoters offered one half of the prize to each
holder. The committee in their report pointed out
that under the Gaming and Lotteries Act, 1956,
section 36 (i) every contract by way of gaming or
wagering is void. The section names all gaming or
wagering and not merely unlawful gaming, etc., so
as to prevent recourse to the Courts to enforce such
contracts. There appears to be no statutory provision
with regard to lotteries.
It was not clear to the
committee (i) whether the present transaction was
a lottery or (2) that a lottery falls within the pro
visions as to gaming contracts in sub-section (i) of
section 36 notwithstanding the
obiter dictum
of
Goddard C. J. in Smith
v.
Wyles (1958 3. A.E.R.
281) that a lottery is gaming.
It was not clear
to the committee that the ruling of the Council
of February, 1958, applied and they recommended
that member should be entitled to test the legal
question in the Courts. The report of the committee
was adopted.
COSTS OF MORTGAGES UNDER THE
SMALL
DWELLINGS
(ACQUISITION)
ACTS
The following scale of costs was adopted by the
Society in general meeting on I2th May, 1955 in the
case of loans by local authorities under the Small
Dwellings
(Acquisition) Acts
to
occupiers or
intending occupiers
to secure advances for the
purpose of the purchase or erection of houses :
(a)
in all cases a commission scale of 2% on he
amount of the loan whether or not the title
has been registered under the Registration of
Titles Act, 1891 and whether or not the
equity note has been discharged, provided
that
(£) if there is a common root of title the fee shall
be 2 % of the amount of the loan on the first
mortgage and i|% on the amount of the loan
on each subsequent mortgage on the same
title.
The Council wish to point out that these charges
are intended to be inclusive and that no correspon
dence or other fees should be charged.
LABOURERS' ACTS COSTS
The Council wish to draw attention to the advice
given in the Society's GAZETTE in July, 1957 that
solicitors acting in connection with the acquisition
79